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Review Question

Macariola vs. Asuncion

Answer
Judge Asuncion was accused of violating paragraph 1 and 5 of
Art 14 of the Spanish Code of Commerce. He associated
himself with the Traders Mftg. And Fishing Industries (provision
stated that judges could not engage in commerce, either in
person or in proxy)
Court: Even though the provision is part of the Spanish Code
of Commerce it partakes the nature of a political law, since it
regulates the relationship between the government and
certain public officers and employees. (more of administrative
law)
Political law branch of law which deals with the organization
and operation of different organs of the State; define the
relations of the state with its inhabitants of its territory.
(constitutional law, law of public admin, administrative law,
and law of public corporation)
Upon transfer of sovereignty all political laws of the former
sovereign are automatically abrogated

Types of Constitutional Law

English
o absence of a written constitution
o no power of judicial review
o parliamentary supremacy
European Continental
o there is a written constitution
o no power of judicial review
o only render advisory opinions upon request of the
government
American Type
o there is a written constitution
o there is power of judicial review
o given effect through the power of courts.

Types

of constitution
As to origin
As to form
As manner of amending

Phil Constitution is?

Four Organic Laws in Chronological


Order and their respective
characteristics

As to origin:
o Conventional/Enacted given definite form at one given
time
o Cumulative/Evolved evolved through traditions and
customs
As to form:
o Written reduced to writing at a particular time
o Unwritten has not been committed to writing at one
time; product of gradual political and legal development
As to manner of amending:
o Rigid amended through a special process distinct w/
extraordinary requirements
o Flexible may be changed the same way one would
pass a law

McKinleys Instructions (April 1900)


o divided civil and military government
o Military governor as the Executive (represented US
President)
o Philippine Commission as the Legislative (represented
US President)
o Extended Bill of rights (except right to bear arms and
right to jury trial)
Spooner Amendment (1901)
o Rider the Army and Navy Appropriation Act
o Changed govt to fully civil one under US Congress
Philippine Bill of 1902
o Governor general had Executive power
May suspend habeas corpus upon
recommendation of Phil Commission
o Bicameral Legislative
Philippine Commission upper house; All
American

Philippine Assembly lower house; elected


Filipinos
o Defined citizens for the first time
All inhabitants who were subjects of Spain as of
April 11, 1899, who continued to reside and all
children born
Jones Law (1906)
o Philippine Autonomy Act
o Tripartite government with real separation of powers
o American Gov-Gen executive power
Could suspend habeas corpus without
recommendation of legislature
o Legislature Senate and House of Representative (All
Filipinos)
Philippine Independence Act of 1934
Enabling statute providing for the mechanism whereby the
constitution of an independent Philippines could be adopted
Provided for:
o Call of ConCon to draft Constitution
o Republican government, Bill of Rights, Separation of
Church and State
o Submission of draft to the US President for certification
of conformity
o Ratification by people in a plebiscite
Complete independence was to take place 10 yrs after its
effectivity
Presidential Republic

Tydings Mcduffe Law

What was the form of government in


1935?
Was the government in 1935
unicameral?
What were the terms of office of the
President during 1935.
What were the amendments of the 1935
Constitution ? (including years)

Yes. There was a unicameral National Assembly


President could serve for 6 years, for 1 term only. (later
amended)
1940
o Bicameral Congress
o Changing the term of President to 4 years, 2 terms.
o Independent Electoral Commission

Parity Amendment
o Related to the Bell Trade Act (grant PH exports entry to
US free of customs duties and a gradual increase of
duties). In return PH had to grant US same privileges in
addition to: the right to explore natural resources of PH
and operate public utilities
o This required amendments of the 1935 Constitution
Mabanag vs. Lopez Vito
What was assailed?

Javellana vs. Executive Secretary


What was political?
What was justiciable?
What were the amendments of 1973
Constitution? (include years)

Ways to amend under 1973


Constitution?
What were the voted needed?

Mabanag vs. Lopez Vito


o suspended legislators were not included as basis for
computing vote. Court invoked Enrolled Bill Theory.
(all passed bills are assumed to have followed proper
procedure)
o questioned if the voting complied with the rule of
1935 Constitution
POLITICAL QUESTIONS
o WoN 1973 Constitution is in force
JUSTICIABLE QUESTIONS
o Validity of Proclamation No. 1102
o Validity of ratification of the Constitution
1976 Amendments
o President granted legislative power (Amendment No. 6)
1980 Amendments
o Raised the SC retirement age from 65 - 70
1981 Amendments
o Changed the form of government from parliamentary to
presidential
1984 Amendments
o Provided for a Vice-President as a response to
succession problem
Calling for a Constitutional Convention
Through a Constituent Assembly (legislative would act as
constituents
May be proposed by the National Assembly at the vote of of
all its members, or by the Constitutional Convention

Were the ways amended thru Sanidad


vs. Comelec?
Did Freedom Constitution abrogate all
provision of 1973 Constitution?
What was abrogated?
What was carried over?

Self-executing and not self-executing


provisions of the Constitution.
Difference between EDSA I and EDSA II

National Assembly may call a Constitutional Convention by a


vote of 2/3 of all its members. Or submit such question to an
electorate by a majority vote.
Yes. President may exercise legislative power and possess
Constituent power to propose amendments to the Constitution
(under Amendment No. 6 of the Constitution)
No.
Abrogated:
o Article VII Batasang Pambansa (Legislative Provisions)
o Article IX The Prime Minister and Cabinet
o Article XVI Amendments
o Article XVII Transitory Provisions
Adopted (in toto)
o Art I National Territory
o Art III Citizenship
o Art IV Bill of Rights
o Art V Duties and Obligations of Citizens
o Art VI Suffrage
Adopted (in so far as they are no inconsistent)
o Art II Declaration of Principles and State Policies
o Art VII President
o Art X the Judiciary
o Art XI Local Government
o Art XII Constitutional Commission
o Art XIII Accountability of Public Officers
o Art XIV National Economy and Patrimony of the Nation
o Article XV General Provisions

EDSA
o
o
o
EDSA
o

I
Exercise of people power of revolution
Extraconstitutional
Presented a political question
II
Exercise of people power of speech and freedom of
assembly

o Constitutional only affected the office of the president


o Succession subject to legal review (political question)

Ramos Amendements
Santigao vs. Comelec

Marbury vs. Madison

NAB of Napolcolm vs. Mamauag


Was Ombudsman proper party to
appeal?

Salonga vs. Cruz Pano


Why did the Court decide to
decide on the case?

Doctrine of Operative Fact


(Note Illustrative Cases)

*As presented in the case of Estrada vs. Desierto


PIRMA campaign
Change system from presidential to parliamentary
Through peoples initiative
Court: matter of peoples initiative still left to some future law; not
self executory; needed an enabling statute.
Petition for a writ of mandamus to deliver commissions of
midnight appointments of justices of Columbia
Marbury has right to commission. If there is a right there is a
remedy
SC has authority to review acts of Congress and determine
whether they are unconstitutional and therefore void.
Judiciary Act of 1789 unconstitutional, against ART III of
Constitution, since it expanded the scope of the Courts
original jurisdiction.
BUT Supreme Court does not have original jurisdiction to issue
writ of mandamus (only appellate jurisdiction)
Police vs. Judge Angeles
OMBUDSMAN (?) has no power to appeal. Disciplining
authority should not appeal reversal of its decisions
Disciplining authority must remain impartial and detached.
Role of adjudicator not advocate
One who may appeal is one prosecuting administrative case
against respondent
*Also in OMBUSDSMAN vs Liggayu
Senator Salonga accused to be part of a series of bombings
Court decided to take on the case to:
o Formulate guiding principles
o Mandated to educate bench and bar
o Salonga has not been arraigned; double jeopardy does
not apply (may happed again)
Unorthodox view law declared unconstitutional is only voidable, if
on its face, it enjoys a presumption of validity

Political Question Doctrine


Doctrine of Primary Jurisdiction

Acts of State Doctrine

Castro vs. Deloria

Unjust to hold that the law has no effect


CASES:
Serrano de Agbayani vs. PNB Although RA 342 ( 8 yr. debt
moratorium law) during the time of war was declared
unconstitutional. This does not mean the petitioner may not
pay respondent because the debt prescribed. Doctrine of
Operative fact applies only 7 years have passed
Planters Products Inc. 10 php/bag given to PPI (LOI 1465)
declared unconstitutional. May not claim doctrine of operative
fact, since such applies to matters of fair play. PPI unduly
benefited.
Questions not the legality/ interpretation of the law, but the wisdom
of the law. Not four the court to decide
The doctrine of primary jurisdiction holds that if a case is such that
its determination requires the expertise, specialized training and
knowledge of the proper administrative bodies, relief must first be
obtained in an administrative proceeding before a remedy is
supplied by the courts even if the matter may be well within their
proper jurisdiction.
Every sovereign state is bound to respect the independence of every
other sovereign state, and the courts will not sit in judgement of
another governments acts within its own territory
*Case of Germany vs. Italy war crimes committed by Germany in
WWII. Italiys decisions were void due to the jurisdictional
immunities of the state.
Castro, BIR Officer charged with malversation of public funds
Questioned authority of OMBUDSMAN (citing 1st Uy vs.
SANDIGANBAYAN OMBUDSMAN powers limited to cases
cognizable by SandiganBayan )
(2001) Reversal of Uy vs. Sandiganbayan (OMBUDSMAN HAS
power over all criminal cases involving public officials); C/A
affirmed RTC decision
Petitioner demands 1st decision (1999) should apply since act
was committed in 2000. Judicial interpretation renders a law

Auraullo vs. Aquino


Note: Power of Augmentation
Definition of Different Terms

unconstitutional
COURT: No ex-post facto law. No law was invalidated. The
judicial interpretation of the law should be deemed
incorporated at moment of legislation.
Petitions assailing the constitutionality of the Disbursement
Acceleration Program (ramp up spending to increase economic
activity and expansion)
Issues
WoN Dap violates sec 29, Art VI of 1987 Constitution (no
money shall be paid out of the treasury except in pursuance of
an appropriation made by law.
No. DAP is not a fund or an appropriation. It is a program for
prioritizing spending to stimulate economy.
WoN it violates Sec 25 (5) of Art VI by:
o Treating unreleased appropriations and unobligated
allotments withdrawn as saving
Yes. Unreleased appropriation and unobligated
allotments are not spending.
o Authorizing the disbursement of funds for
projects/programs not provided in the GAA
Yes. May augment another item that is in the GAA
(exclusive)
o Augmenting discretionary lump sum
WoN Dap violates:
o Equal Protection Clause (funds released to select
legislators)
No. lacks factual basis
o System of Checks and Balances (allowed legislators to
keep silent on issues)
No. Speculative
o Principle of Public Accountability (Executive taking
Congress power of appropriation)
No. policies and acts executive could do in
implementation.
Doctrine of Operative Fact applicable
Unconstitutional:

o Withdrawal of unobligated allotments and declaration of


such along with unreleased appropriations as savings.
o Cross border transfers
o Funding projects not in GAA

What is the first rule in statutory


construction?
National Territory (Kalayaan Island
Group)

EEZ

Savings, defined. The definition of savings under the 2011,


2012 and 2013 GAAs refer to portions or balances of any
programmed appropriation in this Act free from any obligation
or encumbrance which are: (i) still available after the
completion or final discontinuance or abandonment of the
work, activity or purpose for which the appropriation is
authorized; (ii) from appropriations balances arising from
unpaid compensation and related costs pertaining to
vacant positions and leaves of absence without pay; and (iii)
from appropriations balances realized from the
implementation of measures resulting in improved systems
and efficiencies and thus enabled agencies to meet and
deliver the required or planned targets.
Respondents were forcing the generation of savings in order
to have a larger fund available for discretionary spending.
Respondents, by withdrawing unobligated allotments in the
middle of the fiscal year, in effect deprived funding for PAPs
with existing appropriations under the GAAs.
Savings could not be realized for certainty within the middle of
the fiscal year. Funds for slow moving PAPs could not be
considered as savings since such has not been abandoned or
discontinued yet.
Verba Legis; as it is written and understood by the people
PH claims Kalayaan Islands to be part of PH territory
PD 1596 (June 11, 1978)
By reason of history, indispensable need, and effective
occupation and control established in accordance with
international law
Not part of a territory but state has exclusive economic

What are its uses?


Other countries may not use if
for?
Other countries may use it for?

Province of North Cotabato vs. GRP


Is there a problem with BJE as a
concept?
What is the meaning of
Bangsamoro?
What is the meaning of First
Nation?
Relationship of IPRA w/ MOA-AD
Citizenship Illustrative Cases
Which offices may only natural born
citizens occupy?

benefit (200 nautical miles from baseline)


Purpose/Uses:
o Sovereign rights to explore and exploit natural
resources
o Exclusive right to est. of artificial islands; off-shore
terminals, installations, and structures
o Preservation of marine environment
Other states may NOT:
o Explore
o Conduct drilling
o Conduct research
o Construct operate artificial island, off-shore terminal,
etc.
o Perform any other activity contrary to sovereign rights
Other states MAY use it for:
o Navigation and overflight
o Laying of Submarine Cables and Pipelines
o Lawful Navigation and Communication

BJE has authority and jurisdiction over Ancestral Domain and


Ancestral Lands of the Bangsamoros. Essentially a state all but
in name. Powers granted to it exceed those granted by any
Local Gov (including ARMM). Associative relationship
Bangsamoro all indigenous people in Mindanao
First Nation refers to indigenous people; many indigenous
groups (Canadian term).
MOA-AD violated IPRA procedure of delineating ancestral
domain

President
Vice-President
Members of Congress
Justices of the Supreme Court and lower collegiate courts
Ombudsman and deputies
Constitutional Commissions
Members of the Central Monetary Authority

Citizen Retention and Re-acquisition Act


What is it about?

CARAM Rule

Chiongbian Rule

What is Derivative Citizenship?

Maquiling vs. Comelec

What is the overseas voting act?


Is it a violation of residency
requirement?
Macalintal vs. Comelec

What is repatriation?

Members of the CHR


RA 9225 (August 29,2003)
Refers only to citizens of country who lost citizenship by virtue
of naturalization in another country
Those who were naturalized before August 29, 2003 may
regain
Those who were naturalized after will not lose their citizenship
(retain)
Syrian in the Constitutional Convention
Those before the 1935 Constitution, who were elected (not
appointed) into public office are considered citizens.
Children of those considered citizens under the Caram rule
were considered as citizens but because of par. 3 (father was
a citizen)
The unmarried child, whether legitimate, illegitimate or
adopted, below eighteen (18) years of age, of those who reacquire Philippine citizenship upon effectivity of this Act shall
be deemed citizenship of the Philippines. RA 9225 Sec 4
Arnado, Mayor of Kauswagan
Renounced US citizenship
Proven to have used US passport 6 times after doing so (use
of foreign passport indicates recognition of foreign state as
national) even after issue of PH passport
Dual citizens cannot run for public office.
RA 9225 Sec 5(2) those who reacquire and seek elective
public office must renounce any and all foreign citizenship
RA 9198
Immigrant may vote by preparing affidavit that he/she shall
resume permanenet residence in the Philippines not later than
3 yrs from approval.
Not a violation of residency requirement because Court
already exempted them in Sec 2, Arv V. Constitutional
Commission provided for an exemption to actual residency
rule of Sec 1
Repatriation (taking oath of allegiance in Local Civil Registry)

If a person is repatriated, is he
natural born or naturalized?
Illustrative Cases on suits against
government
When is it a suit against govt?
Differences between an
incorporated and unincorporated
government agency

Quasi Delict related to suit against the


state
When a government makes a corp. with
a capacity to sue, may it be sued?
If you win in a suit against GOCC, may
you execute?

results in the recovery of original nationality


Natural Born if originally Natural Born.
NOTE CASES:
Suit against government if it produces adverse consequences
to the public treasury in terms of disbursement of funds and
loss of government property
Not against government if:
o Purpose of a suit is to compel an officer charged with
the duty of making payments pursuant to an
appropriation made by law in favor of plaintiff (Begosa
vs. PVA)
o Respondent is sued in private capacity (acts ulta vires,
unlawful act, no longer act of state)
o Action is no in personam w. the government as
defendant, but in rem (case against the world) that does
not name the government in particular
Differences between an incorporated and unincorporated
GOCC
o Unincorporated govt agency may not be sued
o Incorporated govt agency has separate judicial entity,
may sue and be sued (treated like any other private
corporation)
State is only liable for quasi-delict committed by special agents.

When a money judgment is given against the government the


ordinary rule for execution would not apply, for the consent of
the government to be sued is only up to the point of
judgment. If it does not pay, it cannot be compelled to pay by
attachment
The procedure is to furnish Office of the President with the
decision so it could be included in the budget
If judge executes writ of execution, no civil action may be filed
against him, unless there is showing of malice

If consent is provided by the charter the consent does not stop


with the rendition but goes up to the satisfaction of the
judgment. (funds can even be garnished)
Corporation under general law, may it
be sued for a quasi-delict?
Special agent?

Difference between corporations created


by special law and charters
If government files a suit against you,
does it waive its immunity?

If government does not pay during


expropriation, may you sue?
What is the measure of recovery?
When do we have plebiscites?

Number of votes in Constitution (Exact


numbers)

State is liable if it acts through special agent (one who


receives a definite and fixed order or commission, foreign to
the exercise of the duties of his office)
ART 2180 of the Civil Code allows a suit against the
government for quasi-delicts committed by the voernment
when acting through special agents (those performing nonregular function)
If the tortious act was commited by a regular employee the
injured party could only bring a suit for damages against the
employee in his personal capacity
Merrit v. Govt chauffer of ambulance was not a special agent

Yes. If government is claiming affirmative relief. (Relief, benefit,


or compensation which may be granted to the defendant in a
judgment or decree in accordance with the facts established in his
favor)
Froilan vs. Pan Oriental
Yes. Just compensation for expropriation (Amigable vs. Cuenca)
Measure of recovery was value of the land at the time of
taking ( Commissioner of Public Highways vs. Burgos)
a) ratifying the Constitution
b) approving any amendment thereto
c) with respect to local matters, approving any changes in
boundaries, mergers, divisions, and even abolition of local offices
d) creating metropolitan authorities, and
e) creating autonomous regions
24 Senators
250 Congressmen (partylist 20% - 50)
Elect Senate Pres and Speaker of the House majority vote

Declare state of war (2/3 voting separately) 167


Congressmen and 16 Senators
Amendment/revision of Consti (3/4 of all members of
congress) 210 legislators
If Pres vetoes (2/3 of one House to pass to another house,
needs two thirds)
EDCA

What are the emergency powers of the


President?

Enhanced Defense Cooperation Agreement (signed April 28, 2014)


Allow US to station troops and operations in Philippine territory
Signed not by 2 presidents; NOT an executive agreement,
need not be vetoed by the Senate
Signed by Sec. of Defense and US Ambassador
(1) Is it constitutional? (unimpeded access and use of AFP by
US)
(2) Does EDCA mean return of US bases in PH? (No. no
permanent military power)
a. Shouldnt there be a treaty? Govt says functions of
military bases (extraterritoriality) are not present
b. EDCA one of the activities attached to VFA (treaty
affirmed by Senate)
(3) Will EDCA lead to entry of nuclear, chemical and biological
questions? NO
ISSUE:
(1) Does EDCA allow foreign military bases?
(2) Treaty and International Agreement shall be valid
(3) Nuclear Weapons
Case Pending before Supreme Court
In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease
upon the next adjournment thereof.
No bill passed by either House shall become a law unless it has
passed three readings on separate days, and printed copies thereof

in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or
emergency.
In times of national emergency, when the public interest so requires,
the State may, during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the operation of any
privately owned public utility or business affected with public
interest.

Are we allowed to teach religion in


public schools?
Separation of Church and State
Complete separation?
When is it not separation?
Who can invoke it?
Powers of the Commission on Human
Rights

In times of war or other national emergency, the Congress may, by


law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy.
Yes. Allowed to be taught in class hours, when expressed in writing
by the Parents
Establishment Clause, Free Exercise Clause, No religious test
No. Churches, parsonages, convents, mosques, used for
religious purposes exempted from taxation
Military pays priests; just like orphanages, penal insitutions,
and leprosariums
(1) Investigate on its own or on complaint by any party, all forms
of human rights violations involving civil and political rights
(2) Adopt its operational guidelines and rules of procedure, and
cite for contempt for violations thereof in accordance with the
Rules of Court
(3) Provide legal measures for the protection of human rights of
all persons within the Philippines, as well as Filipinos residing
abroad, and provide preventive measures and legal aid
services to the under-privileged whose human rights have
been violated or need protection
(4) Exercise visitorial powers over jails, prisons, or detention
facilities.
(5) Establish a continuing program of research, education, and

Cases about GOCC


(compare before 1987 and after)
How were they decided
When do they have labor rights?

Imbong vs. Ochoa


Courts decision
w/c parts are constitutional?
w/c parts are not?

information to enhance respect for the primacy of human


rights
(6) Recommend to Congress effective measures to promote
human rights and to provide for compensation to victims of
violations of human rights, or to their families.
(7) Monitor the Phil govt compliance with international treaty
obligations on human rights
(8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth in
any investigation conducted under its authority
(9) Request the assistance of any department, bureau, office, or
agency in the performance of its functions
(10)
Appoint its officers and employees in accordance with
law
(11)
Perform other duties and function in accordance with
law
Difference between before 1987 and after?
If unincorporated may be sued
If incorporated w/ original charter may be sued if it consents
to be sued
Those organized pursuant to the General Law (Corporation
Code) may go on strike and bargain
Those organized by special charter may not.
RH Law
Courts decision: petition partially granted
Constitutional:
o Not a violation to the right to life
o Not a violation of right to health (self-executing)
o Not a violation of freedom of religion (seminars are ok)
o Not a violation of academic freedom (teaching it in
schools)
o Not a discrimination against the poor (prioritizes them)
Unconstitutional
o Violates the right of medical practitioners
o Violates the rights of privacy (spousal consent/parental

Gamboa vs. Teves


What is the definition of capital?
How to determine 60-40 rule?
What are the different tests?

Regulation of certain industries and how


they are related to Filipino ownership.
Did DENR have power in League of
Provinces?
Over LocGov?
Why was case decided this way?

When can President interfere in local


(fiscal?) matters

consent)
Capital refers only to shares of stock that can vote in the
election of directors
60% of capital should result in controlling interest (common
shares/voting shares)
Grandfather rule trace back who really own the company
holding shares
Control Test see who really is in control through holdings of
voting stock
Mass Media 100% Filipino
Advertising Industry 70% Filipino
Public Utility 60% Filipino
Yes.
Control of the DENR/DENR Secretary over small-scale mining
in the provinces is granted by three statutes: (1) R.A. No. 7061
or The Local Government Code of 1991; (2) R.A. No. 7076 or
the Peoples Small Scale Mining Act of 1991; and (3) R.A. No.
7942, otherwise known as the Philippine Mining Act of 1995.
Case was decided this way because there is always
presumption of constitutionality
[I]n the event the national government incurs an unmanaged public
sector deficit, the President of the Philippines is hereby authorized,
upon the recommendation of [the] Secretary of Finance, Secretary of
the Interior and Local Government and Secretary of Budget and
Management, and subject to consultation with the presiding officers
of both Houses of Congress and the presidents of the liga, to make
the necessary adjustments in the internal revenue allotment of local
government units but in no case shall the allotment be less than
thirty percent (30%) of the collection of national internal revenue
taxes of the third fiscal year preceding the current fiscal year x x
x.
There are therefore several requisites before the President may
interfere in local fiscal matters: (1) an unmanaged public sector
deficit of the national government; (2) consultations with the

presiding officers of the Senate and the House of Representatives


and the presidents of the various local leagues; and (3) the
corresponding recommendation of the secretaries of the Department
of Finance, Interior and Local Government, and Budget and
Management. Furthermore, any adjustment in the allotment shall in
no case be less than thirty percent (30%) of the collection of
national internal revenue taxes of the third fiscal year preceding the
current one.
Regalian Doctrine
What do you do if you have claim
of ownership?
Who does the presumption favor?
What are the maximum terms of office?
How is it counted?
What about interruptions?

When do you need to have a plebiscite


for creation of LocGov boundaries?
Navarro vs. Executive Secretary

Pork Barrel Cases (Todays Discussion)

Regalian doctrine: state has ownership of all lands. One claiming the
land has burden of proof.

You may only serve three consecutive terms (mayor)


Interruptions are still counted
Succession not counted
If there was a recall and u are elected that counts as an
interruption
YES.
Creation of the Dianagat islands
Province must have income not les than 20 Million; 250,000
inhabitants, territory of 2,000 square meters
NSO did not certify special census. Land was only 802.12
square meters
Dinagat failed to comply with land area and population
requirement
Plebiscite should have included the members of parent
province
Reversed: Dinagat is ready and capable of becoming a
province (large income and good services to its constituents)
Philconsa vs. Enriquez
o GAA of 1994
o Countrywide Development Fund
Petitioners: power given to Congress to propose
and identify the projects and activities to be

funded by CDF is encroachment of executive


power
Court: power of appropriation carries w/ it power
to specify the project/activity to be funded;
individual members of Congress are more
knowledgeable of the needs of their constituents
o Realignment of Allocation for Operational Expenses
Petitioners: Senate President/Speaker of the
House authorized, NOT individual members of
Congress
Court: Members only determine the necessity of
realignment (more knowledgeable); approval by
Senate President/Speaker
o Appropriation for Debt service (see Guingona vs.
Carague)
pork barrel makes the unequal equal
Lamp vs. Sec. of Budget
o Constitutionality of Priority Development and Assistance
Fund
o Petitioners: violation of separation of powers. DBM
illegally made and directly released budgetary
allocations out of PDAF in favor of individual members
o Court: presumption of validity; no clear unequivocal
breach of the Constitution
Belgica vs. Ochoa
o Aftermath of Napoles scam (soft projects went to NGO)
o Constitutionality of Pork Barrel System
o Realignment requires prior approval of legislators
o Presidential Pork Barrel Malampaya Funds (Gas
Project) and Presidential Social Fund (PAGCOR)
o Violated separation of powers because Congressmen
were dictating instead of recommending
o There was undue delegation to individual members

Power of the Ombudsman

Sandiganbayan

Facial vs. As-applied Challenge

How is facial challenge applicable to our


rights?
You may only use facial challenge
when legislature passes what kind
of statute? (infringes on what
right?)
Difference between
Gudani vs. Senga and Senate vs. Ermita

o Check and balance violated since President could not


veto
o Violation of local autonomy
Prosecutes cases in the Sandiganbayan (same function as
Tanodbayan)
Used to be Tanodbayan (demoted to Special Prosecutor)
Ombudsman need not wait for a complaint. May investigate
anything on its own
May publicize matters covered by its investigation
Has power over all elective and appointed except :
impeachable officials, members of Congress, judiciary. (may
investigate first two but not discipline)
May impose penalty through proper course
Court for corruption cases
Prosecuted by the Ombudsman
Has jurisdiction over GOCC with special charter
No jurisdiction over GOCC pursuant to general law
(Corporation Code)
Facial challenge assails the validity of the statyte for being
unconstitutional at all times (at its face)
As-applied challenge assails the validity of the statute once
applied to you
Facial Challenge when legislature passes overly broad law that
would affect freedom of speech/expression (overbreadth
doctrine)

Difference between executive privilege (President has no


blanket authority; must have formal grounds to invoke it) and
Commander in Chief power (absolute with recourse in
judiciary)

Power Of Judicial Review: legislative and executive acts are subject to the review of the judiciary to determine if it is not
against the Constitution

Determine if there has been grave abuse of discretion

Requisites

Actual Case or Controversy


Must be ripe for adjudication
Party must have legal standing
Constitutional question raised at earliest possible time and must be the very lis mota of the case